IN THE CASE OF:
BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120002850
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show in block 3 that his correct Social Security Number (SSN) is 4XX-XX-2XXX (same number reflected on application).
2. The applicant states that he was issued an SSN at the time of his induction that began with a 9 and was subsequently issued another SSN; however, at the time of his separation his DD Form 214 was prepared to reflect the SSN beginning with the first digit of 9.
3. The applicant provides a copy of his DD Form 214 and a copy of his application for disability insurance benefits which contains his SSN.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted in Houston, Texas on 13 November 1969 and was issued a temporary identification number (TIN) beginning with the digit 9.
3. He served in Alaska until 11 August 1971 when he was transferred to Fort Lewis, Washington and was honorably released from active duty (REFRAD) on 15 August 1971 to attend school. He had served 1 year, 9 months, and 3 days of active service. His DD Form 214 issued at the time of his REFRAD contains the TIN.
4. A review of his official records shows the applicant was issued the SSN that is contained in his application and for reasons not explained in the available records, it was not used at the time of his REFRAD.
5. On 1 July 1969, the Army discontinued the issuance and use of the Army service numbers and began using the SSN for identification. Prior to 1 July 1969, service members were not required to maintain a SSN in their records; however, they were usually recorded when provided by the individual Soldier.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his records incorrectly reflect the TIN he was issued at induction has been noted and found to have merit.
2. The applicants records contain evidence to show that he was serving under the SSN that is reflected on his application to the Board.
3. Therefore, it is reasonable to presume that an administrative error resulted in his SSN being incorrectly reflected on his records and it should be corrected at this time.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the SSN contained in block 3 of his DD Form 214 and entering the SSN contained on his application to the Board in Block 3 of his DD Form 214.
_______ _ _X______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120002850
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ABCMR Record of Proceedings (cont) AR20120002850
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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